ARREST

The term arrest came from Latin word arrestare which means cause
to stop and restare which means stay behind.

Arrest is taking of a person into custody in order that he may be

bound to answer for the commission of an offense.

It is made by an actual restraint of a person to be arrested or

submission to the custody of person making the arrest.

Two modes of arrest

1. Arrest by virtue of a warrant

2. Arrest without a warrant

Warrant of arrest Legal process issued by a competent

authority, directing the arrest of a person or persons upon
grounds stated therein.

Essential requisites of a valid warrant of arrest

1. it must be issued upon probable cause which may be

determined personally by a judge after examination
under oath or affirmation of the complainant and the
witness he may produce

Probable cause – refers to the facts and circumstances

which could lead a reasonable, discreet and prudent man
to believe that the property subject of an offense is
in the place sought to be searched.

WHAT ARE THE PRINCIPLES GOVERNING THE FINDING OF

PROBABLE CAUSE FOR THE ISSUANCE OF A WARRANT OF ARREST?

There is a distinction between the objective of

determining probable cause as done by the
prosecutor and that done by the judge—the
prosecutor determines it for the purpose of
filing the complaint or information; while the
judge determines it for the purpose of issuing a
 warrant of arrest to determine whether there is a
necessity of placing the accused under immediate
custody in order not to frustrate the ends of justice.

Since the objectives are different, the judge shouldn't

rely solely on the report of the prosecutor in finding
probable cause to justify the issuance of warrant of
arrest.

He must decide independently and must have supporting

evidence other than the prosecutor’s bare report.

2. The warrant must particularly describe the person to be

seized.

What is Richard Doe/ John Doe Warrant?

Richard Doe/ John Doe warrant is a warrant containing no

specific person to be arrested but only description based
from the testimonies of the victim/s or witnesses. It
contains the physical description of the accused as well
as other factors to be considered for the identification
of the accused.
ALIAS WARRANT

Refers to the warrant of arrest issued by the judge to a peace

officer after returning the original warrant of arrest after the
lapse of ten days validity period.

NOTE

A warrant of arrest has no expiry date. It remains valid until

arrest is affected or warrant is lifted

GENERAL GUIDELINES

All arrests should be made only on the basis of a valid warrant

of arrest issued by a judge, except in instances where the law
allows warrantless arrest.

No violence or unnecessary force shall be used in making an

arrest, and the person to be arrested shall not be subjected to
any restraint greater than what is necessary under the
circumstances.

Arrests can be made on any day of the week and at any time of the
day or night

If the accused is already in detention, a return, together with

required documents, shall be made for any standing warrants of
arrest issued after the service.

A senator or member of the House of Representatives shall, in all

offenses punishable by not more than six years imprisonment, be
privileged from arrest while the congress is in session. No
member shall be questioned nor be held liable in any other place
for any speech or debate in the congress or in any committee
thereof

Diplomatic agents and couriers, under the Vienna Convention on

Diplomatic Relations (1961 p8), are not liable to any form of
arrest or detention.

WHEN MAY A WARRANT OF ARREST BE ISSUED?

If issued by the RTC,

1. Within ten (10) days from the filing of the
complaint or information, the judge shall personally evaluate
the resolution of the prosecutor and its supporting evidence.

2. He may immediately dismiss the case if the evidence

on record clearly fails to establish probable cause.

3. If he finds probable cause, he shall issue a warrant of

arrest, or a commitment order if the accused has already
been arrested pursuant to a warrant issued by the MTC judge who
conducted the preliminary investigation or when the
complaint or information was filed pursuant to section 7
of this Rule.

o Pangay v. Ganay modified this rule by providing that

investigating judges’ power to order the arrest of the accused
is limited to instances where there is necessity for
placing him in custody in order not to frustrate the ends
of justice

4. In case of doubt on the existence of probable

cause, the judge may order the prosecutor to present
additional evidence within five (5) days from notice and the
issue must be resolved by the court within thirty (30) days from
the filing of the complaint of information.

5. If the warrant of arrest is issued by the MTC and

if the preliminary investigation was conducted by the
prosecutor, the same procedure as above is followed

WHEN IS A WARRANT OF ARREST NOT NECESSARY?

1. When in the presence of police, the person to be arrested

has committed ,is actually committing or is attempting to
commit an offense (in flagrante delicto)

UMIL vs RAMOS
The supreme court held that rebellion is a continuing
offense. Accordingly, a rebel may be arrested with or
 without a warrant as he is deemed to be in the act of
committing a crime at any time of a day or night

PEOPLE vs SUCRO
It was held that when a police officer sees the offense,
although at a distance , or hears the disturbance created
thereby and proceeds at ones to the scene thereof, he may
effect an arrest without a warrant. The offense is deemed
committed in the presence or within the view of the officer

2. When an offense has in fact just been committed and he has

probable cause to believe based on personal knowledge of
facts or circumstances that the person to be arrested has
committed it (doctrine of hot pursuit)

GO vs Maguan

Six days after the shooting, as a petitioner presented

before the San Juan Police Station to verify news reports
that he is being hunted, the police detained him because an
eyewitness had positively identified him as the gunman who
shot Maguan. The SC held that there was no valid arrest; it
cannot be considered as within the meaning of the offense
had just been committed in as much as six days had already
elapsed; neither did the policeman have personal knowledge
of facts that Go shot Maguan.

3. When the person to be arrested is an escapee – those who has

escaped penal establishment or place where he is serving
final judgment or temporarily confined while his case is
pending or has escaped while being transferred from one
confinement to another may be arrested by any peace officer
or private person without a warrant.

4. When the right is validly waived – this is when the person

arrested consented to the arrest, despite of no warrant
showed; the person is willing to be taken into custody.

PEOPLE vs DURAL

The illegality of the arrest is cured when the accused files

a petition for bail. Appellant is stopped from questioning
 the illegality of his arrest when he voluntarily submitted
himself to the jurisdiction of the court by entering a plea
of not guilty and by participating in the trial.

5. When the accused who was released on bail attempts to depart

from the Philippines without prior permission of the court
where the case is pending.

6. Violent insanity

Art. 124. Arbitrary detention. – Any public officer or

employee who, without legal grounds, detains a person, shall
suffer:

1. The penalty of arresto mayor, in its maximum period to

prision correccional in
its minimum period, if the detention has not exceeded three
days;
2. The penalty prision correccional in its medium and
maximum periods, if the
detention has continued more than three but not more than
fifteen days;
3. The penalty of prision mayor, if the detention has
continued for more than
fifteen days but not more than six months; and
4. That of reclusion temporal, if the detention shall have
exceeded six months.

The commission of a crime, or violent insanity or any other

ailment requiring the compulsory confinement of the patient
in a hospital, shall be considered legal grounds for
detention of any person.

7. Ailment requiring compulsory confinement in a hospital.

PRINCIPLES OF ARREST

 A warrant of arrest is enforceable only within the

territory of the government or state issuing the
warrant.
  In warrantless arrest based on the commission of a
crime, the crime must have been committed within the
territory of the government or state whose agents are
carrying out the arrest.
 In arrest based on a warrant of arrest, it is not
essential that the arresting officer has the warrant in
his possession at the time he carries out the arrest.

The extents of authority of arresting officers are as follows:

 Can employ necessary force to carry out the arrest

 Can restrain the subject in order to take him into
custody
 Can deliver subject to jail
 Can orally summon as many persons as he deems necessary
to aid during the arrest
 Can break into a building or enclosure where subject
is, or is reasonably believed to be, when admittance is
refused despite announcement of his authority and
purpose and he incurs no liability for trespass to
dwelling because the purpose is to serve the ends of
justice.
 Can break out of the building or enclosure when
necessary to liberate himself
 Can search arrested person for weapon or anything used
or constitute proof in the commission of an offense.

COMMON PROBLEMS IN ARREST

Usually the problem in arrest is not in the capability to effect

the arrest, but rather in task of locating subject. The following
factors may help the arresting officer to locate the subject:

 Complainant or victim
 Record check
 His office or previous places of employment
 The neighborhood
 Subject hangouts